Minutes Ordinary Council Meeting
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MINUTES ORDINARY COUNCIL MEETING COUNCIL CHAMBERS 241 ROKEBY ROAD, SUBIACO TUESDAY 22 SEPTEMBER 2020 COMMENCEMENT: 5:33PM CLOSURE: 9.28PM No responsibility whatsoever is implied or accepted by the City for any act, omission or statement or intimation occurring during Ordinary Council Meetings. The City disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during an Ordinary Council Meeting. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in an Ordinary Council Meeting does so at that person’s or legal entity’s own risk. In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by any member or officer of the City during the course of any meeting is not intended to be and is not taken as notice of approval from the City. The City of Subiaco wishes to advise that any plans or documents contained within this agenda may be subject to copyright law provisions (Copyright Act 1968, as amended) and that the express permission of the copyright owner(s) should be sought prior to their reproduction. Members of the public should note that no action should be taken on any item discussed at an Ordinary Council Meeting prior to written advice on the resolution of Council being received. Agendas and Minutes are available on the City’s website www.subiaco.wa.gov.au CONTENTS 1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS ..................... 1 2. ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE ........................................ 1 3. DISCLOSURE OF INTEREST ................................................................................ 2 4. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ............ 3 5. PUBLIC QUESTION TIME ..................................................................................... 3 6. PUBLIC STATEMENT TIME .................................................................................. 8 7. PETITIONS AND APPROVED DEPUTATIONS .................................................... 8 8. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS ............................... 8 8.1 Special Council Meeting – 28 July 2020 ................................................................ 8 8.2 Ordinary Council Meeting – 18 August 2020 ......................................................... 8 8.3 Special Council Meeting – 20 August 2020 ........................................................... 9 8.4 Special Council Meeting – 8 September 2020 ....................................................... 9 9. ANNOUNCEMENTS BY THE PRESIDING MEMBER .......................................... 9 10. OFFICER REPORTS ............................................................................................ 10 C1 Subi East Draft Master Plan DevelopmentWA Referral* ...................................... 10 C2 Endorsement of Draft Waste Plan 2020-2025* .................................................... 29 C3 Onslow Park Tennis Club – Proposal* ................................................................. 34 C4 Review of Wards and Councillor Representation* ............................................... 48 C5 Financial Statements and Reports for the Month Ending 31 July 2020* .............. 58 C6 Matters for Information* ....................................................................................... 63 11. ELECTED MEMBERS’ MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ........................................................................................................ 65 11.1 Swings and Hoops ............................................................................................... 65 11.2 Open Sport Space at Subi Oval ........................................................................... 67 12. NEW BUSINESS OF AN URGENT NATURE APPROVED BY THE PERSON PRESIDING OR BY A DECISION OF THE MEETING ........................ 70 13. MEETING CLOSED TO THE PUBLIC ................................................................. 70 13.1 Commercial Property Matter – Confidential* ........................................................ 70 14. CLOSURE OF MEETING ..................................................................................... 70 *Separate attachments 22 SEPTEMBER 2020 MINUTES – ORDINARY COUNCIL MEETING 1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS The Presiding Member declared the Ordinary Council Meeting of the 22 September 2020 held in Council Chambers at the City of Subiaco open at 5.33pm. The Presiding Member welcomed Councillors, Staff, the media and Members of the Community. The Presiding Member acknowledged the Whadjuk Noongar people as the traditional custodians of the area and recognised their cultural connection to the land and waterways of Subiaco, and their continuing contribution to our City. The Presiding Member informed the public that the Meeting was being live-streamed and recorded via the City’s website. 2. ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE Elected Members Present Mayor Penny Taylor (Presiding Member) Cr Angela Hamersley Central Ward Cr Lynette Jennings Central Ward Cr David McMullen South Ward Cr Rick Powell South Ward Cr Stephanie Stroud North Ward Cr Derek Nash North Ward Cr Rosemarie de Vries North Ward Cr Matt Davis East Ward Cr Murray Rowe East Ward Cr Blake Phelan East Ward Staff Members Present Cliff Frewing A/Chief Executive Officer Scott Hawkins Director Corporate Services Marion Morton Director Community and Development Services Gray Stead Manager Operations and Environment Services Alex Petrovski Manager Planning Services Anthony Denholm Coordinator Statutory Planning Services Bianca Jones Manager Finance & Governance Services Joel Guest Manager Commercial Services and Property Anthea Astone Governance Support Officer Esther Gledhill Public Liaison Apologies Cr Jodi Mansfield Central Ward Leave of Absence Nil Observers 12 members of the public 1 media CITY OF SUBIACO 1 22 SEPTEMBER 2020 MINUTES – ORDINARY COUNCIL MEETING COUNCIL DECISION Moved Cr Hamersley / Seconded Cr de Vries That Cr David McMullen be granted a leave of absence for the period 1 October 2020 to 31 October 2020 inclusive. CARRIED 11/0 5.35pm COUNCIL DECISION Moved Cr Rowe / Seconded Cr Phelan That Cr Rosemarie de Vries be granted a leave of absence for the period 1 December 2020 to 31 December 2020 inclusive. CARRIED 11/0 5.35pm 3. DISCLOSURE OF INTEREST Cr Angela Hamersley declared a FINANCIAL and PROXIMITY interest in item C1 pursuant to Section 5.60A and 5.60B of the Local Government Act 1995. The nature of the interest is: “On 17 September 2020 it was alleged by a person that I have a proximity interest pursuant to s 5.60B of the Local Government Act 1995 and that I may have a financial interest pursuant to s 5.60A that preclude me from participating in item C1. Having considered the content of the LGA, including section 5.63(1)(a), and the nature of the redevelopment area that is the subject of C 1 and the process presently being undertaken by Development WA, I do not agree that I am precluded from participating in item C1. However, given the political climate that I perceive to exist in Subiaco and Western Australia I consider it to be too risky for me to participate in item C1 in the face of the allegations. Accordingly, the type of interests I am declaring, without admission, are Proximity pursuant to s 5.60B of the Local Government Act 1995 and Financial pursuant to s 5.60A of the Local Government Act 1995. The reason for my declaration is that I am the owner of a residential property at 3/183 Roberts Road, Subiaco.” Cr Angela Hamersley declared an IMPARTIALITY interest in item C3 pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007. The nature of the interest is: “I have a brother who is a member of the Onslow Park Tennis Club.” Cr Lynette Jennings declared a FINANCIAL and IMPARTIALITY interest in item C1 pursuant to Section 5.60A of the Local Government Act 1995 and Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007. The nature of the interest is: “I own property at 36 Subiaco Road, Subiaco and as a beneficiary under the will of my late mother, have an interest in the property at 36A Subiaco Road, Subiaco which property forms part of her estate and any Council decision in respect of item C1 may possibly have an effect on the value of my property.” Cr Lynette Jennings declared a PROXMITY interest in item C1 pursuant to Section 5.60B of the Local Government Act 1995. The nature of the interest is: CITY OF SUBIACO 2 22 SEPTEMBER 2020 MINUTES – ORDINARY COUNCIL MEETING “I own a property at 36 Subiaco Road, Subiaco and as a beneficiary under the will of my late mother, have an interest in the property at 36A Subiaco Road, Subiaco which property forms part of her estate. A Council decision in respect of item C1 may relate to the extended meaning of ‘development’ being for the management or maintenance of land, being in the railway neighbourhood of the Subi East Draft Master Plan, specifically land in the railway reserve that is behind and has a common boundary with the rear boundaries of those properties.” 4. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE Nil 5. PUBLIC QUESTION TIME The A/Chief Executive Officer made the following statement in regards to public attendance at the